Patna High Court – Orders
Dhiraj Kamkar vs The State Of Bihar on 8 August, 2025
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad, Ajit Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.149 of 2022
Arising Out of PS. Case No.-356 Year-2015 Thana- BUXAR District- Buxar
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DHIRAJ KAMKAR Son of Late Rajkumar Kamkar Resident of Village -
Pandey Patti, P.s.- Buxar (M), Distt.- Buxar.
... ... Appellant
Versus
The State of Bihar
... ... Respondent
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Appearance :
For the Appellant/s : Mrs. Rina Sinha, Advocate
Mr. Dhirendra Pd. Sinha, Advocate
Mr. Risham Kumar, Advocate
Mrs. Priyanka Kumari, Advocate
For the Respondent/s : Mr. Sujit Kumar Sinha, APP
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
8 08-08-2025
Heard Mrs. Rina Sinha, learned counsel for the
appellant Mr. Sujit Kumar Sinha, learned Additional Public
Prosecutor for the State.
2. The records of this case have been placed before
this Court to consider the prayer of the appellant for suspension
of his sentence and release on bail during pendency of the
appeal.
3. The appellant has been convicted vide judgment
dated 09.12.2021 and sentenced vide order dated 15.12.2021 by
learned Additional District and Sessions Judge-VIII, Buxar
(Bihar) in connection with Sessions Trial No. 21 of 2016 arising
out of Buxar (T) P.S. Case No.356 of 2015 for the offences
Patna High Court CR. APP (DB) No.149 of 2022(8) dt.08-08-2025
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punishable under Sections 147, 148, 149, 341, 302, 120B of the
Indian Penal Code and Section 27 of the Arms Act. He has been
sentenced to undergo imprisonment for life and to pay a fine of
Rs.20,000/- and in case of default of payment of fine, he has to
further undergo rigorous imprisonment for three months. For
brevity sake, sentences under other sections are not mentioned.
4. The prosecution case is based on the fardbeyan of
the brother of the deceased who has been examined as PW-3 in
the present case. He has alleged that on 05.09.2015 at 10:20
p.m., when he and his brother Manmohan Singh had gone to
take some puja articles and they were purchasing the same at
the shop, his brother was standing in front of Pragati Computer,
the informant heard sound of firing, whereupon he saw that
Sandeep Yadav, Vinod Yadav, Dheeraj Kamkar, Sonu Varma,
Alok Kumar and Raju Yadav and others were indiscriminately
firing upon the deceased.
5. Learned counsel for the appellants submits that
even though the appellant is named in the fardbeyan by the
informant (PW-3) but on perusal of the evidences on the record,
it may be found that there are material contradictions in the
evidence of the prosecution witnesses. A prayer has been made
that by taking note of the material contradictions, the sentence
Patna High Court CR. APP (DB) No.149 of 2022(8) dt.08-08-2025
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of the appellant be suspended and he be released on bail.
6. Learned Additional Public Prosecutor for the State,
on the other hand, submits that this appellant is one of the
assailants of the deceased. PW-3 and PW-4 have deposed as
eye-witnesses to the said occurrence. The I.O (PW-7) has
collected seven shells of fired cartridges and two misfired
cartridges from the place of occurrence which suggest
indiscriminate firing. It is also pointed out that the Doctor (PW-
8) who conducted the autopsy on the dead-body of the victim
has found several fire arm injuries and has stated that
hemorrhage and shock caused by firearm is the cause of death.
7. As regards the criminal antecedent, it is, though
stated in Annexure-R/1 to the written objection that on the ICJS
Portal, Buxar Town P.S. Case No.218 of 2020 and P.S. Case
No.356 of 2015 are the only cases registered against the
appellant. From Memo No. 2902 dated 28.07.2025 issued from
the Office of the Superintendent of Police, Buxar, it appears that
as per the e-prison data, the appellant has got five criminal
antecedents.
8. Having regard to the submissions made
hereinabove and the materials available on record which we
have gone through prima facie at this stage, we have noticed
Patna High Court CR. APP (DB) No.149 of 2022(8) dt.08-08-2025
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that this appellant is one of the assailants of the deceased, the
I.O. has found seven shells of fired cartridges and two misfired
cartridges at the place of occurrence suggesting indiscriminate
firing and the deceased has suffered several fire-arm injuries,
the appellant has also got seven criminal antecedents, this Court
is not inclined to grant suspension of sentence and release of the
appellant on bail.
9. It is clarified that the observations made
hereinabove are only prima facie and tentative in nature for
purpose of consideration of the prayer for bail which would not
cause prejudice to either of the parties.
10. List this appeal for hearing on its turn.
(Rajeev Ranjan Prasad, J)
( Ajit Kumar, J)
sharun/-
U T